Samuel Alito flag display controversy

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Samuel Alito in 2007

On May 16, 2024, The New York Times reported that an upside-down American flag was flown outside of the residence of United States Supreme Court justice Samuel Alito in Alexandria, Virginia. The upside-down flag was used as a symbol displayed by supporters of former president Donald Trump during the January 6 Capitol attack and by members of the Stop the Steal movement, a campaign to attempt to overturn the 2020 presidential election. On May 22, the Times reported a second incident involving the Pine Tree Flag at Alito's beach house on Long Beach Island in New Jersey. The Pine Tree Flag has been used by Christian nationalists and was carried during the Capitol attack. The flag displays incited controversy in the U.S., including questions of judicial impartiality; the Supreme Court received an appeal regarding the judgment in United States v. Fischer (2023), a case involving the January 6 Capitol attack, during the second incident.

Background[edit]

Ethical conduct of the Supreme Court[edit]

See also: Code of Conduct for Justices of the Supreme Court of the United States

Flag displays[edit]

Alexandria residence[edit]

On May 16, 2024, The New York Times published an article by Jodi Kantor reporting that an upside-down American flag was flown outside Alito's residence in Alexandria, Virginia. The flag was flown after the January 6 Capitol attack and while the Supreme Court was considering an appeal to Republican Party of Pennsylvania v. Degraffenreid (2020) and Corman v. Pennsylvania Democratic Party (2020); Alito dissented from the denial of certiorari. Neighbors of the Alitos interpreted the upside-down flag as a political statement; the upside-down American flag was displayed during the Capitol attack and used by members of the Stop the Steal movement, a campaign to attempt to overturn the 2020 presidential election. According to interviews conducted by the Times, Alito's wife, Martha-Ann, was involved in a dispute in their neighborhood over signs critical of former president Donald Trump. An email obtained by The New York Times states the flag was visible for several days.[1] The Washington Post was aware of the upside-down flag in January 2021, but did not report on it at the time.[2]

Long Beach Island residence[edit]

On May 22, The New York Times published a second article by Kantor, Aric Toler, and Julie Tate reporting that the Pine Tree Flag was flown outside Alito's beach house on Long Beach Island in New Jersey from July to September 2023. During the flag's presence, the Supreme Court was considering the appeal in United States v. Fischer (2023), a case involving the January 6 Capitol attack.[3]

Responses and analysis[edit]

Alito's response[edit]

Responding to The New York Times, Alito said he had no involvement in hoisting the upside-down American flag.[1] He reiterated that the flag was flown in response to a dispute with a neighbor in an interview with Fox News,[4] clarifying that his wife was upset about a "Fuck Trump" sign. He told Fox News host Shannon Bream that the neighbor blamed him for the January 6 Capitol attack and called his wife a "cunt".[5]

Democratic response[edit]

White House press secretary Karine Jean-Pierre declined to comment on the incident, but said President Joe Biden believes in the sacredness of the American flag.[6] Senate Committee on the Judiciary chairman Dick Durbin requested Alito's recusal from cases involving the January 6 Capitol attack or the 2020 presidential election.[7] Senate Judiciary Committee member Richard Blumenthal raised concerns on MSNBC about the Supreme Court's credibility.[8] Senator Brian Schatz said the upside-down flag incident was a "wild, radical thing" for Alito to have done.[9] Senate Judiciary Committee members Sheldon Whitehouse and Peter Welch expressed outrage.[10]

House Minority Leader Hakeem Jeffries[11] and Representative Alexandria Ocasio-Cortez called for Alito's recusal.[12] Representative Jerry Nadler said the Supreme Court should be term-limited and a code of ethics should be enforced;[13] Representative Jamie Raskin called for an ethics panel.[14] House Committee on the Judiciary member Steve Cohen introduced a resolution to censure Alito.[15] Forty-five representatives, joined by ranking member of the House Judiciary Committee Hank Johnson, signed a letter requesting Alito's recusal.[16]

The flag displays were condemned by the Indivisible movement. Demand Justice aired an advertisement asking Congress to investigate Alito.[10]

Republican response[edit]

Former Vice President Mike Pence praised Alito for flying the Pine Tree Flag.[17] Senate Minority Leader Mitch McConnell downplayed the upside-down flag incident.[18] Senator Tom Cotton called the controversy an intimidation attempt.[19] Senator Lindsey Graham said hoisting the upside-down flag was "not good judgment".[20]

Legal response[edit]

According to legal experts The New York Times interviewed, the incidents violate the Code of Conduct for Justices of the Supreme Court of the United States.[21] University of Virginia law professor Amanda Frost compared the upside-down American flag to a Stop the Steal sign.[1] Washington University School of Law legal ethics professor Kathleen Clark told USA Today that the upside-down flag constituted political activity. Brennan Center for Justice director Alicia Bannon posted on X that Alito should recuse himself.[4] Indiana University Maurer School of Law professor Charles Geyh anticipated that Alito would not recuse himself, adding that the flag displays affect how the Supreme Court is perceived and its impartiality.[22] In an interview on CNN, former district judge John E. Jones III admonished Alito.[23]

New York University School of Law legal ethics professor Stephen Gillers supported Alito's narrative, questioning his awareness of the flag's presence or its association with the Stop the Steal movement.[4] Citing precedent in Ruth Bader Ginsburg's involvement in cases with former president Donald Trump as a party despite having called him a "faker", the informality of recusal, and Alito's narrative, Emory University School of Law professor Michael Broyde argued against Alito's recusal in an article for CNN.[24]

Media response[edit]

Slate questioned Alito's claim.[25] The New Republic cited deputy chief of staff for Don Beyer Aaron Fritschner, who noted that elementary schools in Alexandria, Virginia, were closed due to the COVID-19 pandemic when the flag was present. Vanity Fair wrote Alito "doesn't give a fuck". The New York Times's Michael Barbaro noted Alito did not reject the upside-down flag in his response.[26] A comparison between Alito's response and Senator Bob Menendez blaming his wife for accepting bribes was made by CNN's Zachary B. Wolf[27] and The New York Times.[28]

Ed Pilkington of The Guardian cast doubt on the Supreme Court's impartiality.[29] Stephen Colbert joked about Alito blaming his wife on The Late Show.[30] After the second report, Michael Kosta quipped on The Daily Show that Alito got a "two-for-one deal at the MAGA flag store".[31]

References[edit]

  1. ^ a b c Kantor, Jodi (May 16, 2024). "At Justice Alito's House, a 'Stop the Steal' Symbol on Display". The New York Times. Retrieved May 22, 2024.
  2. ^ Jouvenal, Justin; Marimow, Ann (May 25, 2024). "Wife of Justice Alito called upside-down flag 'signal of distress'". The Washington Post. Retrieved May 25, 2024.
  3. ^ Kantor, Jodi; Toler, Aric; Tate, Julie (May 22, 2024). "Another Provocative Flag Was Flown at Another Alito Home". The New York Times. Retrieved May 26, 2024.
  4. ^ a b c Groppe, Maureen (May 17, 2024). "Alito and the upside down flag: What the symbol means to 'stop the steal' crowd". USA Today. Retrieved May 22, 2024.
  5. ^ Jane, Talia (May 17, 2024). "Samuel Alito Can't Even Lie Properly About That Upside-Down Flag". The New Republic. Retrieved May 22, 2024.
  6. ^ "White House spokesperson declines comment on reports of Alito flying flag associated with Trump support". The Guardian. May 17, 2024. Retrieved May 22, 2024.
  7. ^ Weaver, Al (May 17, 2024). "Durbin calls for Alito recusal from Jan. 6 cases over upside-down flag that flew at his home". The Hill. Retrieved May 22, 2024.
  8. ^ "In an appearance on MSNBC this morning, Richard Blumenthal, a Democratic senator who serves on the judiciary committee, said the revelation that a pro-Trump flag flew outside Samuel Alito's house further undermines the supreme court's credibility". The Guardian. May 17, 2024. Retrieved May 22, 2024.
  9. ^ "Hawaii senator says reported Alito flag incident 'a wild, radical thing' to do". The Guardian. May 17, 2024. Retrieved May 22, 2024.
  10. ^ a b Meyers, Theodoric; Caldweld, Leigh Ann (May 23, 2024). "New Alito flag report triggers fresh Democratic outrage". The Washington Post. Retrieved May 25, 2024.
  11. ^ Jouvenal, Justin; Marimow, Ann (May 17, 2024). "Upside-down flag flew at Justice Alito's house after neighbor dispute". The Washington Post. Retrieved May 22, 2024.
  12. ^ Sainato, Michael; Stein, Chris (May 23, 2024). "Leading Democrats demand Alito face investigation after second report of far right-linked flag". The Guardian. Retrieved May 26, 2024.
  13. ^ Timotija, Filip (18 May 2024). "Nadler questions Supreme Court ethics after Alito flag debacle: 'None of them have clean hands'". The Hill. Retrieved May 22, 2024.
  14. ^ Sforza, Lauren (May 19, 2024). "Raskin on upside-down flag at Alito home: 'It's a very clear conflict of interest'". The Hill. Retrieved May 26, 2024.
  15. ^ Sforza, Lauren (22 May 2024). "Democrat introduces Alito censure resolution over upside-down flag". The Hill. Retrieved May 22, 2024.
  16. ^ Jouvenal, Justin; Marimow, Ann (May 21, 2024). "House Democrats call on Justice Alito to recuse after flag controversy". The Washington Post. Retrieved May 22, 2024.
  17. ^ Groppe, Maureen (May 24, 2024). "Mike Pence was a Jan. 6 target. He says criticizing Alito's flag is 'absurd'". USA Today. Retrieved May 26, 2024.
  18. ^ "See how GOP lawmakers reacted to Judge Alito's flag controversy". CNN. May 22, 2024. Retrieved May 22, 2024.
  19. ^ Whitehurst, Lindsay (May 17, 2024). "Justice Alito's home flew a US flag upside down after Trump's 'Stop the Steal' claims, a report says". Associated Press. Retrieved May 22, 2024.
  20. ^ Timotija, Filip (21 May 2024). "Graham on upside-down flag at Alito home: 'Not good judgment'". The Hill. Retrieved May 22, 2024.
  21. ^ VanSickle, Abbie (May 17, 2024). "What Do Judicial Rules Say About Alito and a 'Stop the Steal' Symbol?". The New York Times. Retrieved May 22, 2024.
  22. ^ Shabad, Rebecca; Hurley, Lawrence (May 17, 2024). "Sen. Dick Durbin says Justice Alito should recuse in Trump cases because of upside-down flag". NBC News. Retrieved May 22, 2024.
  23. ^ "Justice Alito gives explanation for flying inverted American flag at home". CNN. May 17, 2024. Retrieved May 22, 2024.
  24. ^ Broyde, Michael (May 24, 2024). "3 reasons why Alito's flag controversy doesn't warrant his recusal". CNN. Retrieved May 26, 2024.
  25. ^ Mathis-Lilley, Ben (May 17, 2024). "Alito Says Wife Signaled Support for Overturning 2020 Election Because of Argument With Rude Neighbor". Slate. Retrieved May 22, 2024.
  26. ^ Levin, Bess (May 17, 2024). "Samuel Alito Didn't Give a F--k Then and He Doesn't Give a F--k Now". Vanity Fair. Retrieved May 22, 2024.
  27. ^ Wolf, Zachary (May 18, 2024). "The Mrs. defense: powerful men blaming their wives". CNN. Retrieved May 22, 2024.
  28. ^ O'Brien, Rebecca; Epstein, Reid (May 17, 2024). "Take My Wife, Please: For Political Damage Control, Just Blame Your Spouse". The New York Times. Retrieved May 26, 2024.
  29. ^ Pilkington, Ed (May 18, 2024). "Red flag? Samuel Alito scandal casts further doubt on supreme court's impartiality". The Guardian. Retrieved May 22, 2024.
  30. ^ Bendix, Trish (May 21, 2024). "Stephen Colbert Slams Justice Alito for Using His Wife as a Scapegoat". The New York Times. Retrieved May 26, 2024.
  31. ^ Bendix, Trish (May 24, 2024). "'The Daily Show' Skewers Samuel Alito Over Another Provocative Flag". The New York Times. Retrieved May 26, 2024.
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